UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 40078 / June 8, 1998
ADMINISTRATIVE PROCEEDING
File No. 3-9622
_____________________
:
In the Matter of :ORDER INSTITUTING PUBLIC
:PROCEEDINGS, ACCEPTING OFFER OF
Mark Muenster, :SETTLEMENT, MAKING FINDINGS AND
:IMPOSING REMEDIAL SANCTIONS
Respondent. :PURSUANT TO SECTION 15(b) OF THE
____________________ :SECURITIES EXCHANGE ACT OF 1934
I.
The Commission deems it appropriate and in the public interest that
proceedings pursuant to Section 15(b)(6) of the Securities Exchange Act of
1934 ( Exchange Act ) be, and they hereby are, instituted against Mark
Muenster ( Respondent ) to determine whether action is necessary in light
of the permanent injunction entered against Respondent by the United States
District Court for the Southern District of New York on May 26, 1998,
permanently restraining and enjoining Respondent from future violations of
Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3
promulgated thereunder.
In anticipation of the institution of these proceedings, Respondent has
submitted an Offer of Settlement for the purpose of disposing of the issues
raised by these proceedings. The Commission has determined to accept
Respondent s Offer of Settlement.
Solely for the purpose of this proceeding and any other proceedings brought
by or on behalf of the Commission or in which the Commission is a party,
and without admitting or denying the matters set forth in the Order
Instituting Public Proceedings, Making Findings and Imposing Remedial
Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934
(the Order ), except as to the Commission s jurisdiction and as to the
matters set forth in paragraph II below, which he admits, Respondent
consents to the issuance of this Order.
II.
FINDINGS AND CONCLUSIONS
The Commission finds that:
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A.from 1985 through on or about October 17, 1988, Respondent was associated
with Charles Schwab & Co., Inc., a broker-dealer registered with the
Commission; and
B.a Final Judgment of Permanent Injunction was entered by the United States
District Court for the Southern District of New York, in an action styled
Securities and Exchange Commission v. Robert Falbo, et al., Civil Action
No. 92-6836 (PKL) (S.D.N.Y., Judgment entered May 26, 1998), which
permanently enjoins Respondent from future violations of Sections 10(b) and
14(e) of the Exchange Act and Rules 10b-5 and 14e-3 promulgated thereunder.
III.
RESPONDENT S OFFER OF SETTLEMENT
Respondent has submitted an Offer of Settlement in which he consents to the
Commission s issuance of this Order, as set forth above, barring Respondent
from association with any broker, dealer, investment company, investment
adviser, or municipal securities dealer.
IV.
ORDER
Based on the foregoing, the Commission deems it appropriate and in the
public interest to accept the Offer of Settlement of Mark Muenster.
Accordingly, IT IS ORDERED that Respondent be, and he hereby is, barred
from association with any broker, dealer, investment company, investment
adviser or municipal securities dealer.
By the Commission.
Jonathan G. Katz
Secretary
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